GROUNDS OF JUDGMENT

The winding-up petition was presented on 3 grounds under s. 218(1)(e), (f) and (i) of the Companies Act 1965 . The petition was resisted on a number of grounds. After hearing of submissions of counsel of both parties, the court reserved judgment. On 2.10.2009 the court struck out the petition with costs on the following grounds:-

Service of Petition bad in law

(1) The registered office of the respondent company was changed to 41-3-4, Tingkat 3, Wisma Prudential, Jalan Cantonment, Penang with effect from 27.3.2002. The Form 44 notifying the SSM of the change of address (exhibit TPY-17, encl. 39) was lodged on 29.3.2002. The SSM search on the respondent (exhibit TPY-5, encl. 49) confirms the change in the registered office.

(2) The petition was served on the respondent at No. 157A, Jalan Sri Pelangi, Taman Pelangi, Johor Bahru on 10.4.2002.

(3) The change of registered office takes effect from the date of notification to the SSM (UMBC v. Richland Trade & Development Sdn Bhd[1999] 1 MLRA 618; [2000] 1 MLJ 385; [2000] 1 CLJ 57; [2000] 1 AMR 105 FC; ; [1985] CLJ (Rep) 304; [1983] 1 CLJ 70 ; [1985] 1 MLJ 68 SC; s. 120 Companies Act 1965 ).

Rule 25 of the Companies (Winding